Case 1:18-cv-01833-CKK Document 1 Filed 08/06/18 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _______________________________________ ) DAILY CALLER NEWS FOUNDATION ) 1920 L Street N.W., Suite 200 ) Washington, DC 20036 ) ) Plaintiff, ) ) v. ) Civil Action No. 18-1833 ) FEDERAL BUREAU OF INVESTIGATION ) 935 Pennsylvania, Avenue, N.W. ) Washington, D.C. 20535, ) ) Defendant. ) _______________________________________) COMPLAINT 1. Plaintiff Daily Caller News Foundation (“DCNF”) brings this action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, seeking access to records improperly withheld by Defendant Federal Bureau of Investigation (“FBI”). 2. This Complaint concerns a FOIA request for records relating to FBI Special Government Employee (“SGE”) Daniel Richman, including FBI communications with and about him, as well as his relationship with former FBI Director James Comey. 3. By failing to provide a final determination on this request or to produce non-exempt responsive records in a timely manner, Defendant FBI has unlawfully withheld agency records to which DCNF has a right. JURISDICTION AND VENUE 4. Jurisdiction is asserted pursuant to 28 U.S.C. § 1331 and 5 U.S.C. § 552(a)(4)(B). 5. Venue is proper pursuant to 28 U.S.C. § 1391(e) and 5 U.S.C. § 552(a)(4)(B). Case 1:18-cv-01833-CKK Document 1 Filed 08/06/18 Page 2 of 5 PARTIES 6. Plaintiff DCNF is a 501(c)(3) non-profit organization that provides original investigative reporting from a team of professional reporters who operate for the public benefit. Content created by the DCNF is available without charge to any eligible news publisher that can provide a large audience. 7. Defendant FBI is an agency within the meaning of 5 U.S.C. § 552(f)(1). The FBI has possession, custody, or control of records to which DCNF seeks access and that are the subject of this Complaint. FACTS 8. By online form, dated April 25, 2018, DCNF submitted a FOIA request to the FBI seeking access to “all records, documents, and communications pertaining to Daniel Richman, a Special Government Employee hired by former FBI Director James Comey.” Ex. 1 (hereinafter “FOIA request”). 9. DCNF specified that “[t]his request includes all communications between the bureau and Mr. Richman concerning his SGE work assignments, all intra-bureau communications about Mr. Richman and his assignments and activities, as well as all work product delivered to Director Comey or to others within the bureau.” Ex. 1. 10. DCNF also specified that “[t]his additionally includes all of Mr. Richman's work product whose messages were conveyed to the public in FBI comments, speeches and printed material.” Ex. 1. 11. DCNF requested a full waiver of all fees for this “highly important topic” and explained that it is “an accredited news organization based in the District of Columbia. [DCNF] 2 Case 1:18-cv-01833-CKK Document 1 Filed 08/06/18 Page 3 of 5 has received recognition as a news organization from the U.S. Congress, the Pentagon and the White House, among other government entities.” Ex. 1. 12. DCNF “placed $200 in [its] ‘maximum’ pay out, but in fact [DCNF] seek[s] all documents from the bureau for no cost to TheDCNF.” Ex. 1. 13. DCNF additionally requested expedited processing, explaining, “This issue touches on the trustworthiness, integrity and honesty of Director Comey, a key matter of public importance that can lead to a lack of public trust in our government officials. In light of these facts, we seek an expedited processing of this FOIA request.” Ex. 1. 14. By letter, dated May 7, 2018, the FBI acknowledged that it had received DCNF’s FOIA request and assigned it tracking number 1404359-000. The agency did not provide an estimated date of completion nor did the agency check the box on its letter indicating that the request was “currently being processed[.]” Ex. 2. 15. The FBI properly construed the DCNF request to be asking both for news media requester status and a public interest fee waiver. Ex. 2. 16. The FBI granted DCNF “news media requester” status and noted that DCNF’s application for a public interest fee waiver was still “under consideration.” Ex. 2. 17. To date, the FBI has failed to issue an interim response, final determination, or production of any responsive agency records. COUNT I Violation of the FOIA: Failure to Comply with Statutory Requirements 18. DCNF repeats all of the above paragraphs. 19. The FOIA requires an agency to accept and process any request for access to agency records that (a) “reasonably describes such records,” and (b) “is made in accordance with published rules stating the time, place, fees, . . . and procedures to be followed[.]” 5 U.S.C. § 552(a)(3)(A). 3 Case 1:18-cv-01833-CKK Document 1 Filed 08/06/18 Page 4 of 5 20. The FOIA further requires an agency to respond to a valid request within twenty business days or, in “unusual circumstances,” within thirty business days. Id. § 552(a)(6)(A)–(B). 21. DCNF’s April 25, 2018 FOIA request seeks access to agency records maintained by the FBI, reasonably describes the records sought, and otherwise complies with the FOIA and applicable FBI regulations. 22. More than thirty business days have passed since the FBI acknowledged receipt of the FOIA request. 23. The FBI has failed to issue a final determination on or produce records responsive to the request within the applicable statutory time limits. 24. DCNF has fully exhausted its administrative remedies under 5 U.S.C. § 552(a)(6)(C). RELIEF REQUESTED WHEREFORE, DCNF respectfully requests and prays that this Court: a. Order the FBI to process the FOIA request and to issue a final determination within twenty business days of the date of the Order; b. Order the FBI to produce all responsive records promptly upon issuing its final determination on the FOIA request; c. Award DCNF its costs and reasonable attorney fees incurred in this action pursuant to 5 U.S.C. § 552(a)(4)(E); and d. Grant such other relief as the Court may deem just and proper. 4 Case 1:18-cv-01833-CKK Document 1 Filed 08/06/18 Page 5 of 5 Dated: August 6, 2018 Respectfully submitted, /s/ Eric R. Bolinder Eric R. Bolinder D.C. Bar No. 1028335 Lee A. Steven D.C. Bar No. 468543 CAUSE OF ACTION INSTITUTE 1875 Eye Street, N.W., Suite 800 Washington, D.C. 20006 Telephone: (202) 499-4232 Facsimile: (202) 330-5842 eric.bolinder@causeofaction.org lee.steven@causeofaction.org Counsel for Plaintiff DCNF 5 Case Document 1-1 Filed 08/06/18 Page 1 of 5 Exhibit 1 Case 1:18-cv-01833-CKK Document 1-1 Filed 08/06/18 Page 2 of 5 From:   Date: Wed, Apr 25, 2018 at 11:40 AM  Subject: eFOIA Request Received  To:   Organization Representative Information Organization Name Daily Caller News Foundation Prefix [ ] First Name Richard Middle Name P Last Name Pollock Suffix [ ] Email rpollockdc@gmail.com Phone 703-593-7287 Location United States Domestic Address Address Line 1 1920 L Street, NW Address Line 2 Suite 200 City Washington State District of Columbia Postal 20036 Agreement to Pay How you will pay I am requesting a fee waiver for my request and have reviewed the FOIA reference guide. If my fee waiver is denied, I am willing to pay additional fees and will enter that maximum amount in the box below. Allow up to $ 200 Proof Of Affiliation for Fee Waiver Waiver Explanation The Daily Caller News Foundation is an accredited news organization based in the District of Columbia. It has received recognition as a news organization from the U.S. Congress, the Pentagon and the White House, among other government entities. 1 Case 1:18-cv-01833-CKK Document 1-1 Filed 08/06/18 Page 3 of 5 Under these circumstances, we seek a full waiver of all fees regarding this highly important topic. We placed $200 in our "maximum" pay out, but in fact we seek all documents from the bureau for no cost to TheDCNF. Documentation Files Non-Individual FOIA Request Request Information The Daily Caller News Foundation seeks all records, documents and communications pertaining to Daniel Richman, a Special Government Employee hired by former FBI Director James Comey. This request includes all communications between the bureau and Mr. Richman concerning his SGE work assignments, all intra-bureau communications about Mr. Richman and his assignments and activities, as well as all work product delivered to Director Comey or to others within the bureau. This additionally includes all of Mr. Richman's work product whose messages were conveyed to the public in FBI comments, speeches and printed material. Mr. Richman confirmed to Fox News as reported on April 25, that he served as an SGE for Director Comey and other bureau officials as posted here: http://www.foxnews.com/politics/2018/04/24/comeys-memo-leak-contact-had-specialgovernment-employee-status-at-fbi.html TheDCNF seeks an expedited processing of this FOIA request as it is a major issue in the news concerning the FBI's handling of Hillary Clinton's email server. This matter is of high media interest which goes to the heart of the trust and integrity of our government officials. TheDCNF also seeks a waiver of all fees regarding this request. TheDCNF is 2 Case 1:18-cv-01833-CKK Document 1-1 Filed 08/06/18 Page 4 of 5 an accredited news organization based in Washington, D.C. Sincerely, Richard Pollock Expedite Expedite Reason Director Comey's secret hiring a "friend" to serve as a special government employee to advise him on the Hillary Clinton email server investigation raises many issues of public integrity. In his testimony before the Senate Intelligence Committee on June 8, 2017, Director Comey disclosed that he gave his friend, Columbia University law professor Daniel Richman, a copy of his contemporary notes on a meeting with President Trump. Director Comey instructed Prof. Richman to leak this information to the New York Times, which he did. It was recently disclosed that some of Director Comey's contemporaneous notes included classified information. At no time during his testimony before the Senate committee did Director Comey disclose that Prof. Richman was a Special Government Employee. He had ample opportunity to do so, but misled the committee. The public also does not know if Prof. Richman leaked classified information to any other news organizations on behalf of Director Comey. Prof. Richman's unusual hiring as an SGE and disclosure of his assignments and work products are central to a public understanding of the processes underway at the bureau in its investigation of Hillary Clinton's email server. 3 Case 1:18-cv-01833-CKK Document 1-1 Filed 08/06/18 Page 5 of 5 This issue touches on the trustworthiness, integrity and honesty of Director Comey, a key matter of public importance that can lead to a lack of public trust in our government officials. In light of these facts, we seek an expedited processing of this FOIA request. 4 Case Document 1-2 Filed 08/06/18 Page 1 of 3 Exhibit 2 Case Document 1-2 Filed 08/06/18 Page 2 of 3 MR. RICHARD POLLOCK U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535 May 7, 2018 THE DAILY CALLER NEWS FOUNDATION 1920 STREET, NW WASHINGTON, DC 20036 Dear Mr. Pollock: FOIPA Request No.: 1404359-000 Subject: All Records, Documents, and Communications Pertaining to Daniel Richman This acknowledges receipt of your Freedom of Information Act (FOIA) request to the FBI. Below you will find check boxes and informational paragraphs about your request, as well as specific determinations required by these statutes. Please read each one carefully. IF I: Your request has been received at FBI Headquarters for processing. You submitted your request via the system. I: We have reviewed your request. Consistent with the FBI terms of service, future correspondence about your FOIA request will be provided in an email link. We have reviewed your request. Consistent with the FBI terms of service, future correspondence about your FOIPA request will be sent through standard mail. The subject of your request is currently being processed and documents will be released to you upon completion. Release of responsive records will be posted to the electronic FOIA Library (The Vault), and you will be contacted when the release is posted. Your request for a public interest fee waiver is under consideration, and you will be advised of the decision at a later date. If your fee waiver is not granted, you will be responsible for applicable fees per your designated requester fee category below. For the purpose of assessing any fees, we have determined: I: As a commercial use requester, you will be charged applicable search, review, and duplication fees in accordance with 5 USC 552 As an educational institution. noncommercial scientific institution or representative of the news media requester, you will be charged applicable duplication fees in accordance with 5 USC 552 As a general (all others) requester, you will be charged applicable search and duplication fees in accordance with 5 USC 552 Case 1:18-cv-01833-CKK Document 1-2 Filed 08/06/18 Page 3 of 3 Please check the status of your FOIPA request at www.fbi.gov/foia by clicking on FOIPA Status and entering your FOIPA Request Number. Status updates are adjusted weekly. The status of newly assigned requests may not be available until the next weekly update. If the FOIPA has been closed the notice will indicate that appropriate correspondence has been mailed to the address on file. For questions regarding our determinations, visit the www.fbi.gov/foia website under “Contact Us.” The FOIPA Request number listed above has been assigned to your request. Please use this number in all correspondence concerning your request. You may file an appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 20530-0001, or you may submit an appeal through OIP's FOIA online portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within ninety (90) days from the date of this letter in order to be considered timely. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” Please cite the FOIPA Request Number assigned to your request so it may be easily identified. You may seek dispute resolution services by contacting the Office of Government Information Services (OGIS) at 877-684-6448, or by emailing ogis@nara.gov. Alternatively, you may contact the FBI’s FOIA Public Liaison by emailing foipaquestions@fbi.gov. If you submit your dispute resolution correspondence by email, the subject heading should clearly state “Dispute Resolution Services.” Please also cite the FOIPA Request Number assigned to your request so it may be easily identified. Sincerely, David M. Hardy Section Chief, Record/Information Dissemination Section Records Management Division Case 1:18-cv-01833-CKK Document 1-3 Filed 08/06/18 Page 1 of 2 CIVIL COVER SHEET JS-44 (Rev. 7/16 DC) I. (a) PLAINTIFFS DEFENDANTS DAILY CALLER NEWS FOUNDATION FEDERAL BUREAU OF INVESTIGATION 11001 (DC) COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _____________________ (IN U.S. PLAINTIFF CASES ONLY) (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _____________________ (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN) Eric R. Bolinder CAUSE OF ACTION INSTITUTE 1875 Eye Street NW, Suite 800 Washington, DC 20006 II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX FOR (PLACE AN x IN ONE BOX ONLY) o o 1 U.S. Government Plaintiff o 2 U.S. Government Defendant o 3 Federal Question (U.S. Government Not a Party) 4 Diversity (Indicate Citizenship of Parties in item III) PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY! PTF DFT Citizen of this State Citizen of Another State Citizen or Subject of a Foreign Country o1 o1 o2 o2 o3 o3 Incorporated or Principal Place of Business in This State Incorporated and Principal Place of Business in Another State Foreign Nation PTF DFT o4 o4 o5 o5 o6 o6 IV. CASE ASSIGNMENT AND NATURE OF SUIT (Place an X in one category, A-N, that best represents your Cause of Action and one in a corresponding Nature of Suit) o A. Antitrust 410 Antitrust o o o B. Personal Injury/ Malpractice 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Medical Malpractice 365 Product Liability 367 Health Care/Pharmaceutical Personal Injury Product Liability 368 Asbestos Product Liability E. General Civil (Other) Real Property 210 Land Condemnation 220 Foreclosure 230 Rent, Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property Personal Property 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability C. Administrative Agency Review 151 Medicare Act Social Security 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) Other Statutes 891 Agricultural Acts 893 Environmental Matters 890 Other Statutory Actions (If Administrative Agency is Involved) OR o Bankruptcy 422 Appeal 27 USC 158 423 Withdrawal 28 USC 157 Prisoner Petitions 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Conditions 560 Civil Detainee – Conditions of Confinement Property Rights 820 Copyrights 830 Patent 840 Trademark Federal Tax Suits 870 Taxes (US plaintiff or defendant) 871 IRS-Third Party 26 USC 7609 o D. Temporary Restraining Order/Preliminary Injunction Any nature of suit from any category may be selected for this category of case assignment. *(If Antitrust, then A governs)* F. Pro Se General Civil Forfeiture/Penalty 625 Drug Related Seizure of Property 21 USC 881 690 Other Other Statutes 375 False Claims Act 376 Qui Tam (31 USC 3729(a)) 400 State Reapportionment 430 Banks & Banking 450 Commerce/ICC Rates/etc. 460 Deportation 462 Naturalization Application 465 Other Immigration Actions 470 Racketeer Influenced & Corrupt Organization 480 Consumer Credit 490 Cable/Satellite TV 850 Securities/Commodities/ Exchange 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes 890 Other Statutory Actions (if not administrative agency review or Privacy Act) Case 1:18-cv-01833-CKK Document 1-3 Filed 08/06/18 Page 2 of 2 o G. Habeas Corpus/ 2255 o K. Labor/ERISA (non-employment) 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 740 Labor Railway Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act *(If pro se, select this deck)* *(If pro se, select this deck)* o o L. Other Civil Rights (non-employment) 441 Voting (if not Voting Rights Act) 443 Housing/Accommodations 440 Other Civil Rights 445 Americans w/Disabilities – Employment 446 Americans w/Disabilities – Other 448 Education o I. FOIA/Privacy Act 895 Freedom of Information Act 890 Other Statutory Actions (if Privacy Act) 442 Civil Rights – Employment (criteria: race, gender/sex, national origin, discrimination, disability, age, religion, retaliation) 530 Habeas Corpus – General 510 Motion/Vacate Sentence 463 Habeas Corpus – Alien Detainee o o H. Employment Discrimination 152 Recovery of Defaulted Student Loan (excluding veterans) o M. Contract 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholder’s Suits 190 Other Contracts 195 Contract Product Liability 196 Franchise J. Student Loan N. Three-Judge Court 441 Civil Rights – Voting (if Voting Rights Act) V. ORIGIN o 1 Original o 2 Removed o 3 Remanded Proceeding from State Court from Appellate Court o 4 Reinstated o 5 Transferred o 6 Multi-district o 7 Appeal to or Reopened from another district (specify) Litigation District Judge from Mag. Judge o 8 Multi-district Litigation – Direct File VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.) FOIA, 5 U.S.C. § 552 (Failure to Comply with Statutory Deadlines) VII. REQUESTED IN COMPLAINT CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 DEMAND $ JURY DEMAND: VIII. RELATED CASE(S) IF ANY (See instruction) YES 8/6/2018 DATE: _________________________ NO Check YES only if demanded in complaint YES ✘ NO ✘ If yes, please complete related case form /s/ Eric R. Bolinder SIGNATURE OF ATTORNEY OF RECORD _________________________________________________________ INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44 Authority for Civil Cover Sheet The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and services of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the cover sheet. I. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence: Use 11001 to indicate plaintiff if resident of Washington, DC, 88888 if plaintiff is resident of United States but not Washington, DC, and 99999 if plaintiff is outside the United States. III. CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed only if diversity of citizenship was selected as the Basis of Jurisdiction under Section II. IV. CASE ASSIGNMENT AND NATURE OF SUIT: The assignment of a judge to your case will depend on the category you select that best represents the primary cause of action found in your complaint. You may select only one category. You must also select one corresponding nature of suit found under the category of the case. VI. CAUSE OF ACTION: Cite the U.S. Civil Statute under which you are filing and write a brief statement of the primary cause. VIII. RELATED CASE(S), IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from the Clerk’s Office. Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to signing the form. Case 1:18-cv-01833-CKK Document 1-4 Filed 08/06/18 Page 1 of 2 FOIA SummRQs 1/1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DAILY CALLER NEWS FOUNDATION Plaintiff v. FEDERAL BUREAU OF INVESTIGATION Defendant ) ) ) ) ) ) ) Civil Action No. 18-1833 SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) FEDERAL BUREAU OF INVESTIGATION 935 Pennsylvania, Avenue, N.W. Washington, D.C. 20535 A lawsuit has been filed against you. Within 30 days after service of this summons on you (not counting the day you received it) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Eric R. Bolinder CAUSE OF ACTION INSTITUTE 1875 Eye Street NW, Suite 800 Washington, DC 20006 If you fail to respond, judgment by default may be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. ANGELA D. CAESAR, CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 1:18-cv-01833-CKK Document 1-4 Filed 08/06/18 Page 2 of 2 )2,$ 6XPPRQV 3DJH &LYLO $FWLRQ 1R 18-1833 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) 7KLV VXPPRQV IRU (name of individual and title, if any) ZDV UHFHLYHG E\ PH RQ (date) u , SHUVRQDOO\ VHUYHG WKH VXPPRQV RQ WKH LQGLYLGXDO DW (place) RQ (date) RU u , OHIW WKH VXPPRQV DW WKH LQGLYLGXDO¶V UHVLGHQFH RU XVXDO SODFH RI DERGH ZLWK (name) D SHUVRQ RI VXLWDEOH DJH DQG GLVFUHWLRQ ZKR UHVLGHV WKHUH RQ (date) DQG PDLOHG D FRS\ WR WKH LQGLYLGXDO¶V ODVW NQRZQ DGGUHVV RU ZKR LV u , VHUYHG WKH VXPPRQV RQ (name of individual) GHVLJQDWHG E\ ODZ WR DFFHSW VHUYLFH RI SURFHVV RQ EHKDOI RI (name of organization) RQ (date) RU u , UHWXUQHG WKH VXPPRQV XQH[HFXWHG EHFDXVH RU u 2WKHU (specify): 0\ IHHV DUH IRU WUDYHO DQG IRU VHUYLFHV IRU D WRWDO RI , GHFODUH XQGHU SHQDOW\ RI SHUMXU\ WKDW WKLV LQIRUPDWLRQ LV WUXH 'DWH Server’s signature Printed name and title Server’s address $GGLWLRQDO LQIRUPDWLRQ UHJDUGLQJ DWWHPSWHG VHUYLFH HWF 0.00 Case 1:18-cv-01833-CKK Document 1-5 Filed 08/06/18 Page 1 of 2 FOIA SummRQs 1/1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DAILY CALLER NEWS FOUNDATION Plaintiff v. FEDERAL BUREAU OF INVESTIGATION Defendant ) ) ) ) ) ) ) Civil Action No. 18-1833 SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) U.S. ATTORNEY GENERAL 950 Pennsylvania Avenue, N.W. Washington, DC 20530 A lawsuit has been filed against you. Within 30 days after service of this summons on you (not counting the day you received it) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Eric R. Bolinder CAUSE OF ACTION INSTITUTE 1875 Eye Street NW, Suite 800 Washington, DC 20006 If you fail to respond, judgment by default may be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. ANGELA D. CAESAR, CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 1:18-cv-01833-CKK Document 1-5 Filed 08/06/18 Page 2 of 2 )2,$ 6XPPRQV 3DJH &LYLO $FWLRQ 1R 18-1833 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) 7KLV VXPPRQV IRU (name of individual and title, if any) ZDV UHFHLYHG E\ PH RQ (date) u , SHUVRQDOO\ VHUYHG WKH VXPPRQV RQ WKH LQGLYLGXDO DW (place) RQ (date) RU u , OHIW WKH VXPPRQV DW WKH LQGLYLGXDO¶V UHVLGHQFH RU XVXDO SODFH RI DERGH ZLWK (name) D SHUVRQ RI VXLWDEOH DJH DQG GLVFUHWLRQ ZKR UHVLGHV WKHUH RQ (date) DQG PDLOHG D FRS\ WR WKH LQGLYLGXDO¶V ODVW NQRZQ DGGUHVV RU ZKR LV u , VHUYHG WKH VXPPRQV RQ (name of individual) GHVLJQDWHG E\ ODZ WR DFFHSW VHUYLFH RI SURFHVV RQ EHKDOI RI (name of organization) RQ (date) RU u , UHWXUQHG WKH VXPPRQV XQH[HFXWHG EHFDXVH RU u 2WKHU (specify): 0\ IHHV DUH IRU WUDYHO DQG IRU VHUYLFHV IRU D WRWDO RI , GHFODUH XQGHU SHQDOW\ RI SHUMXU\ WKDW WKLV LQIRUPDWLRQ LV WUXH 'DWH Server’s signature Printed name and title Server’s address $GGLWLRQDO LQIRUPDWLRQ UHJDUGLQJ DWWHPSWHG VHUYLFH HWF 0.00 Case 1:18-cv-01833-CKK Document 1-6 Filed 08/06/18 Page 1 of 2 FOIA SummRQs 1/1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DAILY CALLER NEWS FOUNDATION Plaintiff v. FEDERAL BUREAU OF INVESTIGATION Defendant ) ) ) ) ) ) ) Civil Action No. 18-1833 SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) Civil Process Clerk U.S. ATTORNEY'S OFFICE 555 Fourth Street, N.W. Washington, D.C. 20530 A lawsuit has been filed against you. Within 30 days after service of this summons on you (not counting the day you received it) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Eric R. Bolinder CAUSE OF ACTION INSTITUTE 1875 Eye Street NW, Suite 800 Washington, DC 20006 If you fail to respond, judgment by default may be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. ANGELA D. CAESAR, CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 1:18-cv-01833-CKK Document 1-6 Filed 08/06/18 Page 2 of 2 )2,$ 6XPPRQV 3DJH &LYLO $FWLRQ 1R 18-1833 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) 7KLV VXPPRQV IRU (name of individual and title, if any) ZDV UHFHLYHG E\ PH RQ (date) u , SHUVRQDOO\ VHUYHG WKH VXPPRQV RQ WKH LQGLYLGXDO DW (place) RQ (date) RU u , OHIW WKH VXPPRQV DW WKH LQGLYLGXDO¶V UHVLGHQFH RU XVXDO SODFH RI DERGH ZLWK (name) D SHUVRQ RI VXLWDEOH DJH DQG GLVFUHWLRQ ZKR UHVLGHV WKHUH RQ (date) DQG PDLOHG D FRS\ WR WKH LQGLYLGXDO¶V ODVW NQRZQ DGGUHVV RU ZKR LV u , VHUYHG WKH VXPPRQV RQ (name of individual) GHVLJQDWHG E\ ODZ WR DFFHSW VHUYLFH RI SURFHVV RQ EHKDOI RI (name of organization) RQ (date) RU u , UHWXUQHG WKH VXPPRQV XQH[HFXWHG EHFDXVH RU u 2WKHU (specify): 0\ IHHV DUH IRU WUDYHO DQG IRU VHUYLFHV IRU D WRWDO RI , GHFODUH XQGHU SHQDOW\ RI SHUMXU\ WKDW WKLV LQIRUPDWLRQ LV WUXH 'DWH Server’s signature Printed name and title Server’s address $GGLWLRQDO LQIRUPDWLRQ UHJDUGLQJ DWWHPSWHG VHUYLFH HWF 0.00